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2017 (9) TMI 809 - AT - Income TaxReopening of assessment - Inquiry before assessment initiated - assessment proceedings were initiated by issue of notice u/s 142(1) and before concluding the assessment proceedings, the assessing officer has issued notice u/s 148 for reassessment - Held that:- In this case, the assessing officer has issued notice u/s 142(1) within time limit allowed for filing return of income under section 139 of I.T. Act. Since the assessee failed to respond to the notice u/s 142(1), the assessing officer should invoke the provisions of section 144 and complete the assessment as per section 144 on or before 31.03.2011. Since the assessment is already initiated, during pendency of assessment proceedings, there is no case for invoking the provisions of reassessment u/s 148 of I.T. Act and reopening of the assessment. Since the notice u/s 148 is issued without concluding the assessment proceedings, the notice issued u/s 148 is bad in law and cannot be sustained. The assessing officer is not permitted to carry on the assessment proceedings and reassessment proceedings simultaneously. - Decided in favour of assessee.
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